ESA Appeal - Placed in WRAG Money Ceases in July

drodger wrote: Hi bro58,

My appeal was granted by the DWP with the help of my local CAB advisor (in Glasgow.)
I was going to appeal the decision on being placed in the WRAG group, but withdrew it as it was causing too much stress & anxiety as well as affecting my health.

I'm just concerned as I wasn't aware before I had my job centre interview that my benefit would cease as of July. Should I re-apply for my benefit (before it exhausts) or appeal being placed in the WRAG group. as my health has now deteriorated since the original medical.

Regards,

Daryl

Hi d,

" Should I re-apply for my benefit (before it exhausts)"

You don't have to "re-apply" this would not give you any more entitlement to payments of CB ESA beyond the 365 days, anyway.

If you are within the 13 months limit from the date of the original WRAG award, and you feel that you can show that you should have been placed into The SG at that time, then it would be best to appeal.

If your appeal was successful The SG award would be back dated to the time of the WRAG award, it would be as if you had never been in The WRAG, and you would regain your full 365 days entitlement to CB ESA which would be useful if you were again placed into The WRAG at some future re-assessment.

A late appeal can be made using the GL24 as previously advised, you could cite the fact that you were totally unaware of the two group system of ESA (WRAG & SG) initially as "Good Cause" for your late appeal.

The DWP are pretty lenient with ESA late appeals.

If you feel that you could not show that you qualified for The SG at the time of the WRAG award, but can do now, due to a change/ deterioration in your conditions, then you could write to The DWP requesting a review/supersession of The WRAG award, as you feel that you now qualify for the SG.

The disadvantage here would be that you would not regain any time already spent in receipt of CB ESA in The WRAG.

e.g. If you have exhausted 9 months before being placed into the SG, even though payment of CB ESA would continue for as long as you remained in The SG, if you were placed into The WRAG once more in the future, you would only have 3 months entitlement to payment of CB ESA in The WRAG left.

bro58

Hi bro58,

Many thanks for your advice, do you have an idea as to how successful these appeals are ?
would I have to appear in front of an tribunal, and if so is it best to ask for representation ?
and if so who ?

Regards,

Daryl

drodger wrote: Hi bro58,

Many thanks for your advice, do you have an idea as to how successful these appeals are ?
would I have to appear in front of an tribunal, and if so is it best to ask for representation ?
and if so who ?

Regards,

Daryl

Hi D,

Your chances of success will depend on the strength of your argument, and how clearly you can show that you qualify for The SG by fulfilling at least one of the SG Descriptors.

Your chances of success will be enhanced if you can gain professional representation.

When you appeal, the WRAG decision will be looked at again, so there is a chance that it will not have to go to a Tribunal Hearing.

You can check potential sources of representation from the link below :

Where to get advice?

Failing that, try putting Welfare Rights into Google for your town/city/postcode.

The 13 months deadline for a late appeal is rigid, so do not miss it if that is what you intend to do.

Whether you appeal or not, payment of your CB ESA will cease after the 365 days, payments would be reinstated if you were successful.

If your payments of CB ESA do cease before the outcome of any appeal or review, you should be assessed to see whether you are entitled to IR ESA, as I have previously advised.

bro58

Bro, as I understand it, Drodger said that an appeal was initially submitted but then withdrawn. Would this make any difference to a potential appeal at this stage?

Hi,

Thanks for that, I have downloaded the GL24 form and I'll be in touch with my local CAB office to enquire if they'll represent me.

Regards,

Daryl